Subject to Legal Review in English, Spanish and French for Accuracy, Clarity and
Consistency
Subject to Authentication of English, Spanish and French Versions
27-1
CHAPTER 27
ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS
Article 27.1: Establishment of the Trans-Pacific Partnership Commission
The Parties hereby establish a Trans-Pacific Partnership Commission (Commission)
which shall meet at the level of Ministers or senior officials, as mutually determined by the
Parties. Each Party shall be responsible for the composition of its delegation.
Article 27.2: Functions of the Commission
1. The Commission shall:
(a) consider any matter relating to the implementation or operation of this
Agreement;
(b) review within 3 years of entry into force of this Agreement and at least every 5
years thereafter the economic relationship and partnership among the Parties;
(c) consider any proposal to amend or modify this Agreement;
(d) supervise the work of all committees and working groups established under
this Agreement;
(e) establish the Model Rules of Procedure for Arbitral Tribunals referred to in
Article 28.11.2 and Article 28.12, and, where appropriate, amend such Model
Rules of Procedure for Arbitral Tribunals;
(f) consider ways to further enhance trade and investment between the Parties;
(g) review the roster of panel chairs established under Article 28.10 every 3 years,
and when appropriate, constitute a new roster; and
(h) determine whether the Agreement may enter into force for an original
signatory notifying pursuant to paragraph 4 of Article 30.5.1 (Entry into
Force).
2. The Commission may:
(a) establish, refer matters to, or consider matters raised by, any ad hoc or
standing committee or working group;
Subject to Legal Review in English, Spanish and French for Accuracy, Clarity and
Consistency
Subject to Authentication of English, Spanish and French Versions
27-2 (b) merge or dissolve any subsidiary bodies established under this Agreement in
order to improve the functioning of this Agreement;
(c) consider and adopt, subject to completion of any necessary legal procedures
by each Party, any modifications of 1:
(i) the Schedules contained in Annex 2-D (Tariff Elimination), by
accelerating tariff elimination;
(ii) the rules of origin established in Annex 3-D (Specific Rules of Origin);
or
(iii) the lists of entities and covered goods and services and thresholds
contained in each Party’s Annex to Chapter 15 (Government
Procurement);
(d) develop arrangements for implementing this Agreement;
(e) seek to resolve differences or disputes that may arise regarding the
interpretation or application of this Agreement;
(f) issue interpretations of the provisions of the Agreement;
(g) seek the advice of non-governmental persons or groups on any matter falling
within the Commission’s functions; and
(h) take such other action as the Parties may agree.
3. Pursuant to paragraph 1(b), the Commission shall review the operation of this
Agreement with a view to updating and enhancing this Agreement, through negotiations, as
appropriate, to ensure that the disciplines contained in the Agreement remain relevant to the
trade and investment issues and challenges confronting the Parties.
4. In conducting a review pursuant to paragraph 3, the Commission shall take into
account:
(a) the work of all committees, working groups and any other subsidiary bodies
established under this Agreement;
(b) relevant developments in international fora; and
(c) as appropriate, input from non-governmental persons or groups of the Parties.
1 Chile shall implement the actions of the Commission through Acuerdos de Ejecución, in accordance with article 54, numeral 1, fourth paragraph, of the Constitución Política de la República de Chile. Subject to Legal Review in English, Spanish and French for Accuracy, Clarity and
Consistency
Subject to Authentication of English, Spanish and French Versions
27-3 Article 27.3: Decision-Making
1. The Commission and all subsidiary bodies established under this Agreement shall
take all decisions by consensus, except as otherwise provided in this Agreement, or as the
Parties decide otherwise.2 Except as otherwise provided in this Agreement, the Commission
or subsidiary body shall be deemed to have acted by consensus if no Party present at any
meeting when a decision is taken objects to the proposed decision.
2. For the purposes of subparagraph (f) of Article 27.2.2 (Functions of the Commission),
a decision of the Commission shall be taken by agreement of all Parties. A decision shall be
deemed to be reached if a Party which does not indicate agreement when the Commission
considers the issue does not object in writing to the interpretation considered by the
Commission within 5 days of that consideration.
Article 27.4: Rules of Procedure of the Commission
1. The Commission shall meet within one year of entry into force of this Agreement and
thereafter as the Parties may decide, including as necessary to fulfil its functions under
Article 27.2. Meetings of the Commission shall be chaired successively by each Party.
2. The Party chairing a session of the Commission shall provide any necessary
administrative support for such session, and shall notify the Parties of any decision of the
Commission.
3. Except as otherwise provided for in this Agreement, the Commission and any
subsidiary body established under this Agreement shall carry out its work through whatever
means are appropriate, which may include electronic mail, videoconferencing or other means.
4. The Commission and any subsidiary body established under this Agreement may establish
rules of procedures for the conduct of its work.
Article 27.5: Contact Points
1. Each Party shall designate an overall contact point to facilitate communications
between the Parties on any matter covered by this Agreement as well as other contact points
as required by this Agreement.
2. Each Party shall notify the other Parties in writing of its designated contact points no
later than 60 days from the date of entry into force of this Agreement for that Party. Each
Party shall notify its contact points to any Party for which this Agreement enters into force at
a later date, no later than 30 days from the date on which the other Party has notified its
contact points.
2 For greater certainty, any such decision on alternative decision-making by Parties shall itself be taken by consensus.